Acid Mine Drainage and Human Rights The South African Human Rights commission acknowledges MARIETTE LIEFFERINK and EUGENE VILJOEN for providing the photographs that appear in this booklet. Mariette is the CEO of the Federation for a Sustainable Environment and was a member of the SAHRC Section 05 Committee on Human Rights and Acid Mine Drainage. Eugene is one of the Commission’s valuable stakeholders who has worked on mining issues in the West Rand, Mogale City, for several years. 2 TABLE OF CONTENTS 1. What is Acid Mine Drainage? ---------------------------------------------------------4 2. How does Acid Mine Drainage impact on human rights? ---------------------6 2.1 Who is affected by the development of mines? --------------------------7 Consultation -----------------------------------------------------------------------8 Human rights and Business ----------------------------------------------------9 3. How is Acid Mine Drainage treated? --------------------------------------------- 10 Active Treatment Technology ------------------------------------------------ 11 Passive Treatment Technology ---------------------------------------------- 12 Recovery of useful minerals from AMD ----------------------------------- 13 4. What are mines doing about Acid Mine Drainage? --------------------------- 13 Industry Responses ------------------------------------------------------------- 14 5. What is the South African Government doing about Acid Mine Drainage in Gauteng? -------------------------------------------------- 15 5.1 Delayed Government response --------------------------------------------- 18 6. What are the responsibilities of mines in relation to Acid Mine Drainage and human rights? ----------------------------------------- 20 7. What is the SAHRC doing about AMD? ------------------------------------------ 22 7.1 Challenges going forward ---------------------------------------------------- 25 ANNEXURE 1 -------------------------------------------------------------------------------- 27 ANNEXURE 2 -------------------------------------------------------------------------------- 28 3 1. What is Acid Mine Drainage? A number of issues define and challenge the South African natural resource base. The mining sector has historically been one of South Africa’s main drivers of economic growth, and the country’s wealth has been built on an abundance of mineral resources. However, this industry has had a negative impact on the country’s water resources. The natural scarcity of water resources in South Africa, coupled with the impact of economic development needs, increased land use, and a growing population, make the impact of mining on the security of water resources a matter of grave concern. One aspect of the impact of mining on water, that has received attention over the years, is that of Acid Mine Drainage (AMD). AMD is a side effect of mining operations the world over. It occurs through natural runoff after rains flush through a mine dump; from mine companies disposing of the water used in their operations; or from old, disused mine shafts filling up with water, eventually decanting, or flooding, above ground. This water is not clean after running through the mine. Such waters typically pose an additional risk to the environment by the fact that they often contain elevated concentrations of metals (iron, aluminium and manganese, and possibly other heavy metals) and metalloids (of which arsenic is generally of greatest concern). Waters draining active and, in particular, abandoned mines and mine wastes are often net acidic (sometimes extremely so).1 In South Africa, AMD has been reported in a number of areas, including the Witwatersrand Gold Fields, Mpumalanga and KwaZulu-Natal Coal Fields, and the O’Kiep Copper District. The Western, Central and Eastern Basins are identified as priority areas requiring immediate action because of, inter alia, the urgency of implementing intervention measures before problems become more critical and their proximity to densely populated areas. The situation in other mining regions of the country requires additional information, monitoring and assessments of risk, particularly in vulnerable areas such as the Mpumalanga Coal Fields, where the impact of mining on the freshwater sources in the upper reaches of the Vaal and Olifants River Systems is of serious concern. 1 Please refer to Annex 1 (on page 27) for more information on the technical aspects of AMD. 4 The flow of AMD into South Africa’s surface and ground water systems is having devastating consequences that are both far-reaching and long-term. Incidents of heavy rains in the country over the last couple of years only seem to be making a dangerous situation even worse. These consequences include degrading the quality of water systems, poisoning of food crops, endangering human health, and the destruction of wildlife and ecosystems, infrastructure, and heritage sites. In industry, contamination from AMD is associated with mining, construction, civil engineering, and quarrying activities. In terms of further ecological implications, AMD is a problem because the vast majority of natural life is designed to live and survive at, or near, a pH of 7 (neutral). The drainage acidifies the local watercourses and so either kills or limits the growth of the river ecology. Effects are even more pronounced on vertebrate life such as fish than on the plant and unicellular life. There is also a human health risk because of the metals contained in the drainage. Figure 1: Uraniferous and toxic spillages in the West Rand 5 2. How does Acid Mine Drainage impact on human rights? The right to a healthy environment is fundamental to the enjoyment of all human rights and is closely linked with the right to health, well being and dignity. A sound and healthy natural environment lends an enabling context for the enjoyment of other human rights. It is therefore clear that the right to a healthy environment is a fundamental part of the right to life and to human dignity. Adversely, environmental destruction impacts on the State’s ability to provide basic socio-economic services to the people of South Africa, and unnatural environmental change is “discriminatory” as there will be a disproportionate impact on socially and economically disadvantaged persons or groups. There are three main dimensions of the interrelationship between human rights and environmental protection: ◊ As mentioned above, the environment as a pre-requisite for the enjoyment of human rights (implying that human rights obligations of the State should include the duty to ensure the level of environmental protection necessary to allow the full exercise of protected rights); ◊ Certain human rights, especially access to information, participation in decision- making, and access to justice in environmental matters, as essential to good environmental decision-making (implying that human rights must be implemented in order to ensure environmental protection); and ◊ The right to a safe, healthy and ecologically balanced environment as a human right in itself. The environmental impacts of the mining industry may further undermine the agricultural and industrial sectors. AMD therefore poses a risk to the realisation of the rights to human health services and access to food and sufficient water; the right to housing; the right to freedom and security of the person; the right to human dignity; children’s rights; as well as the safety of employees. 6 Figure 2: The uraniferous Randfontein Robinson dump in 2012 2.1 Who is affected by the development of mines? The relationship between South Africa, South African communities, and mining is admittedly a complex relationship which has evolved over a substantial period of time. Where the existing vulnerabilities of host communities have not been adequately addressed, adding business, and extractive industries in this instance, to the landscape may in fact exacerbate these vulnerabilities and bring inequalities starkly into focus. Key vulnerabilities exist acutely within host communities affected by mining developments and operations, and located within the surrounding area. Companies need to move beyond compliance-based planning and activities in order to limit the exacerbation of existing vulnerabilities and potential human rights violations. 7 Figure 3: Informal settlement located on tailings dump Consultation Communities need to be assisted in understanding their rights and how to access them. Often times, consultation between stakeholders and communities either does not take place at all, or happens in a way that is not meaningful, leading to a disintegration of trust between all stakeholders. Mining companies need to put plans in place to ensure that affected communities are provided with clarity and certainty with regard to any decisions being made in their areas. Grievance mechanisms should also be in place to enable affected communities to provide comments or lay complaints to mine companies on issues related to the mine’s activities and which may be harmful to them in terms of impacting on their rights. In addition, such mechanisms would enable communities to question processes, including those related to the treatment and management of AMD, which would then lend to greater understanding and certainty. A process of complaints handling is essential for communities to have faith in the process knowing that they have a right to recourse. 8 Human rights and Business Business engagement with human rights is an evolving field. One of the most crucial issues